Nos. 88-1327, 87-1962.

896 F.2d 68 (1990)

UNITED STATES of America, Plaintiff-Appellee, v. James G. BRYAN, James A. Hearn, Eugene R. Jackson, John Worley, and Julian Malcomson, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied March 26, 1990.

Attorney(s) appearing for the Case

Phil Pollan, John Dee Evans, Dallas, Tex., court-appointed for Hearn.

David M. Pruessner, Thomas W. Mills, Jr., Dallas, Tex., for Worley.

Marvin Collins, U.S. Atty., Ft. Worth, Tex., Jack Curtis Williamson, Asst. U.S. Atty., David G. Barger, Dept. of Justice, Tax Div., Crim. Section, David Farnham, William S. Rose, Jr., Attys., Karen M. Quesnel, Gary R. Allen, Chief, Appellate Section, Robert E. Lindsay, Washington, D.C., for U.S.

Joseph A. Hoffman, Dallas, Tex., court-appointed, for Eugene R. Jackson.

Ronald Owen Holman, Dallas, Tex., Court-appointed, for Julian Malcomson.

Bennett A. Midlo, Vinson & Elkins, Houston, Tex., court-appointed, for James G. Bryan.

Before GOLDBERG, POLITZ, and JONES, Circuit Judges.

Rehearing Denied (as to two defendants) March 26, 1990.

POLITZ, Circuit Judge:

James G. Bryan, James A. Hearn, Eugene R. Jackson, Julian Malcomson, and John Worley challenge their convictions for various violations involving the promotion and sale of fraudulent tax shelter schemes. With the exception of the double jeopardy challenge made by Bryan to the conspiracy count, 677 F.Supp. 482, we affirm. We remand Bryan's double...

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